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Ferdinand

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Everything posted by Ferdinand

  1. Yes, but your objection should be about "building line" not "building line because of this covenant" - because the "building line" is I think a relevant planning matter, but the covenant is not. That is the skill of being good at writing objectiions. So don't give them the easy-out of saying "he's talking about covenants, so that objection is not relevant". You may find this document useful - covenants between individual plots come under '"private issues between neighbours". https://www.rochford.gov.uk/sites/default/files/Material Planning Considerations.pdf There may be other stuff in Council Policy Documents, local plans etc. There is a free independent advice service called "Planning Aid" which provides advice on general planning questions (see Google). They do not deal with individual proposals, so you would need to frame your question eg "is deviation from the Building Line a relevant planning matter?". F
  2. This reply seems a bit convoluted, but I hope helps. That would probably be a determination via Planning Law that looks to you like the Council responding to the Covenant. Covenants are what is called "not a relevant planning matter". The covenant is a thing in private law (it may be called "contract law" or "property law" - not sure which) attached to a property's Deeds, which binds the owner, unless it has become impossible to enforce over the years by various means which do not need to be covered here (mainly people breaking an identical covenant and it not being enforced). Anything that is the Council deciding a planning decision on the basis of covenants say "no building less than 50 feet back from the road" would usually be due to something similar-looking in planning law, which would perhaps be "sticking to the building line" or similar, which *is* a relevant concept in Planning Law / Policy. If the reference in the decision or background reasoning is explicitly to a Covenant and that can be proven, then imo in such circumstances an Appeal made explicitly on the basis that an application had been refused on the basis of a Covenant rather than a relevant Planning concept should (imo) succeed by arguing that the decision had used non-material planning matters in the determination. F
  3. The suggestion to go to the Legal Dept is a very good one; I think conversation will be privileged. I think you have the basics from us now, so move on to your decision and doing it, and do not get drawn into circles about tinny detail.
  4. I'm planning to buy myself a couple of bar stools for the kitchen for Christmas, and I wondered if anyone had recommendations? The kitchen is dark grey textured worktops and off white cupboard doors. The two priorities are "comfortable to sit on", and "robust". In the absence of a better choice, I might go for iKea Franklyn as I have these in a student house and they fold up, but are also *very* solid. https://www.ikea.com/gb/en/p/franklin-bar-stool-with-backrest-foldable-black-black-50406465/ A more recent design may be preferable. Ferdinand
  5. If it is as you say it is and maps have been falsified, then it is dishonesty, and potentially fraud in that they will be attempting to obtain benefit from the Council whilst not paying appropriate fees. If you want to question it, then I suggest writing it down carefully in bullet points to make sure you remember sit in the conversation, then a phone call to the Planning Officer, or going to the Council and asking for them to come out and explaining. I would not recommend putting your name on any bits of paper you give to planning, as I have (for example) seen peoples names and emails preserved on comments on the public record or sent back to the applicant. If you are exposing someone's scam then you do not want that to happen. And emphasise confidentiality to whoever you talk to. If you want to put a written thing in then I would go via Community Safety or Nuisance, as those departments will be more used to keeping things private. One other route would be via a local Councillor, who will have a duty to respect confidentiality, and will make sure that Planning properly investigate. Or I guess you could do a pseudonymous comment with a throwaway email. One outcome you may get is that Planning will cross-check the maps against the real versions, and refuse to validate the application. They will probably not pursue a penalty for a fraudulent application themselves, and you would have to report a crime. It is better that this is done quickly. You want your protest noted and in the system before Christmas ie next Monday or latest Tuesday. If it sits in an in tray over New Year it may not get attention. A planning app put in just as they are all going on holiday for a fortnight and thinking of turkeys, wine (and COVID this year) is a classic manoeuvre to try and smuggle something through without a proper examination. F
  6. Fairly clear suggestions. Remarkable unanimity.
  7. I think you should avail yourself of the usual free 20-30 minutes with a solicitor to find out if you have any claim, and under which process. Personally, I do not think you have a claim under any straightforward procedure. And that you will have to be content with dodging the bullet. However, I think you need the word from a legal professional. Plan B is to ask the ISE to make a ruling, which may or may not be possible. The SE himself will only bite once you demonstrate a high possibility that you can make a claim stick. Does your own household insurance cover it? I cant't see why it would.
  8. Worth checking current small claims court fees. It all went up rather dramatically in the last year or three. May affect your judgement (!) as to what to do.
  9. How come? Who was it that did have a contactual relationship with him? Or was it a freebie? Can you expand on that a touch. If he was engaged by your agent, then you would have a contractual relationship as you are Principal in that circs. F
  10. A court will want to see evidence that the parties have behaved reasonably at all times, and will take that into account in deciding the case and damages. The idea is to incentivise simple settlesments rather than wasting court time unnecessarily. So ideally you need to show you have tried to negotiate, and offered arbitration etc.
  11. I would not be that sharp elbowed with a professional; it may put noses out of joint. If he gets narked, you could be for small claims "as a mattter of principle". As a better option, perhaps if -- once your conversation is deadlocked - there may be a professional arbitration scheme via his registration body. If you offer that it will give the A 2 separate "outs" - a reduction or binding arbitration. Negotiating 101 - offer 2 options, both of which are suitable for you.
  12. So near the medieval causeway. Excellent. Frightening to cycle at busy times ?.
  13. That looks cool. And there's another modern one next door, too. Which reservoir etc is that? I'm punting at Foremark, but it's a big guess. Welcome.
  14. If you are going to do an unusual or striking design, or push the limits, then more reactions are likely and there is a greater likelihood of being taken to committee. TBH it doesn't sound that expensive to me, if your budget is a couple of hundred K or more. But you need to be sure to maximise potential value by not totally doing the architect's job for him, and being well organised with suitable regular meetings and having your questions in a row ready to ask and debate. That's not how it works. In those circs one of you will find a reason why you still need the spare 5 sqm for something else ?. Ground rule: the way to get value from professionals is to use them effectively rather than try and crunch on price. Ferdinand
  15. I have only seen them at Appliances Direct (whose distribution hub is around the corner), but I think they are elsewhere. When I have had them (eg current extractor hood, previously gas hobs for rentals) they have been OK - but longest service is 3 years so far. Background here: https://gcmagazine.co.uk/new-appliance-brand-aims-to-be-the-aldi-of-the-electrical-world/https://gcmagazine.co.uk/new-appliance-brand-aims-to-be-the-aldi-of-the-electrical-world/ Sorry to hear that, Ian.
  16. Agreed - the temperature the frame reaches. Inside my front rooms it happily runs up to nearly 40C currently sometimes, but the Oak colour UPVC frames take whatever their temperature reaches,
  17. Welcome.
  18. This is a spin off from the other thread, thinking about window frames heating up and expanding. Does anyone have any observations about colours of modern windows in warmer countries - say Italy / France / Spain? That is perhaps where our climate is heading. To be fair, for some places that will mean "less cold". Ferdinand
  19. I think that one's gone. According to historians, the Colisseum was finished in 8 years. https://www.pbs.org/wgbh/nova/colosseum/qanda/#:~:text=Answer%3A Between seven and eight,said to have been slaughtered. @Onoff's boudoir took longer already.
  20. Ferdinand

    Ah bum !

    If I didn't know better I would say that is walkon glazing in a floor, with a not-quite-plumb wall. Now serious. Slightly concerning that it is coming off in a sheet - is it all that loose? Any idea why that is? If it isn't gloss I might be inclined to overpaint the whole ceiling with a slightly different shade.
  21. Good to hear. There are umpteen dated copies on archive.org here: https://web.archive.org/web/*/mayfly.eu Alternatively if he has not got to the end of his year's hosting account, his internet host may have one that will unwrap to the whole thing. F
  22. Why does that entire wall look like Sam the Eagle from the Muppets?
  23. Right first time...
  24. That looks relatively modern ie post-1850? An older (17C?) one would have a fully horizontal section, I think. How would they keep the rain out of this? A cap?
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